Department of Budget & Management
Dear Colleague:
You have downloaded one of four templates used to procure services. These templates, the Request for Proposals (RFP), the Invitation for Bids (IFB), the Multi-Step Invitation for Bids (MS-IFB), and the Sole Source/Emergency Contract (SS/EM) template have been developed by the Department of Budget and Management (DBM) in conjunction with the Department of Health (MDH) Office of Procurement and Support Services (OPASS) and are based on a DBM procurement model. They are formatted in Microsoft Word using Office Professional 2003. Some things you should know:
First, this is just a template, and not all possible procurement circumstances may be covered by this template. However, this template is designed to include language for the majority of solicitations for services within the respective procurement type (Competitive Sealed Bidding – CSB; Competitive Sealed Proposals – CSP, etc.). Only some, not all of the language used in the template is required by Maryland’s procurement regulations, COMAR Title 21. While some language may be changed, it is STRONGLY RECOMMENDED that you utilize the standardized language included in this template, as review and approval of your solicitation by DBM will be SIGNIFICANTLY FASTER if “boilerplate” language, section numbering, references to Attachments, and Attachment order remain unchanged, so that your assigned Procurement Analyst can focus more on reviewing the Minimum Qualifications, Scope of Work, and Bid/Financial Proposal Form of your solicitation. Please check with your DBM Procurement Analyst if you wish to revise the language included in this template.
Second, there is a substantial amount of information and text you will need to add to or select in the document. You will notice throughout the document (red)colored text in parentheses. These are instructions to you. DO NOT LEAVE THE INSTRUCTIONS OR PARENTHESES IN THE DOCUMENT. Insert the requested name, date, address, information, title, number, etc. and delete the (red)instructions (be sure to review the entire template for these instructions, including the Attachments). Make certain the inserted text does not remain in the color of the instructions. Also, when you download, copy, or paste, text and tables may move around on the page. Please clean up text and tables to ensure a professional look (e.g., check for font type and size consistency, review formatting, use spell check, use grammar check, etc.), remove these instructions and version pages, and remove the template date from the footer pages (or change the footer date to the actual publication date). Your proper completion of this template will result in faster review and approval by your assigned Procurement Analyst.
You, the author of the solicitation, are responsible for the ultimate content and appearance of the document. You must ensure the accuracy of the content and convey a professional appearance and style. Remember, this document will become a part of a public record. It is your first contact with the vendor community from which you wish to solicit. It represents your Department. See that it is a quality publication.
Note that this template will need to be carefully reviewed by the Procurement Officer and the agency Assistant Attorney General for each project to determine what should be included, revised, or omitted for the particular procurement. Any questions regarding this template may be submitted to your assigned Procurement Analyst at DBM.
Template Version: 10/27/2015
Revisions from Original 03/25/2013 Version:
04/09/2013
-Section 1.2: Definition for “Notice to Proceed;” capitalized the word “Commencement” and added reference to Section 1.4.1.
-Section 1.7: Removed statement that attendance is not mandatory from first paragraph.
04/25/2013
-Section 4.4.8: Revised wording regarding the Bidder’s Certificate of Insurance requirements.
07/01/2013
-Added bolded note at bottom of instructions page.
-Added optional language on solicitation Title page for Small Business Reserve Procurements.
-Section 1.2 Definitions: added definition for “Contract Commencement” and minor revisions to definitions of “Business Day(s),” “Go-Live Date,” and “Working Day(s).”
-Section 1.26 Contract Affidavit: added statement that a Contract Affidavit will be required for renewal options and mods that extend the Contract.
-Section 1.33 Minority Business Enterprise Goal and Subgoals: revised wording and added language for MBE liquidated damages (1.33.9).
-Section 1.34 Living Wage Requirements: revised wording regarding determination of wage tier.
-Added Section 3.9: SOC 2 Type II Audit Report.
-Updated Contract (Attachment A): added Section 4.6 regarding MBE liquidated damages.
-Updated Bid/Proposal Affidavit (Attachment B): added Certification Regarding Investments in Iran and Conflict Minerals clauses.
-Updated DHR Hiring Agreement (Attachment P): added field for Agency Control Number.
07/10/2013
-Section 1.33 Minority Business Enterprise Goal and Subgoals: revised wording for MBE liquidated damages (1.33.9).
-Updated Contract (Attachment A): moved MBE liquidated damages language from Section 4.6 to Section 39 and made revisions.
08/01/2013
-Instructions Page: added language regarding removing instructions page and footer date.
-Sections 1.2, 1.4, and Contract (Attachment A) Section 3.1 and 3.2: revised language regarding duration of Contract, Contract Commencement, Go-Live Date, and Notice to Proceed.
-Section 1.40: added language that price preference is not to exceed 5% and COMAR reference.
-Section 3.4: revised language regarding when certificate of insurance is to be provided.
-Attachment K HIPAA Business Associate Agreement: updated Agreement to comply with new HIPAA rules.
-Corrected several spelling and typographical errors and made minor revisions to language throughout document.
11/01/2013
-Section 1.4.3: removed “, or a later date as.”
-Section 1.33.1 and Attachment D-1: added language regarding MBE subgoals.
-Removed Sections 1.42 - Conflict Minerals and 1.43 - Investment Activities in Iran (both now incorporated in Bid/Proposal Affidavit); following Sections and references to sections updated.
-Section 3.4.6: removed “named.”
-Attachment D-3: added fields for subcontractor’s address and FEIN.
-Attachment M-2: added fields for subcontractor’s address and FEIN.
-Removed Attachment N – Investment Activities in Iran (now incorporated in Bid/Proposal Affidavit).
09/17/2014
-Section 1.1: moved “non-State of Maryland usage” instructions and language from 1.3 to 1.1.5
-Section 1.2: revised definition of “Procurement Officer;” consolidated the terms “Business Day(s)” and “Working Day(s)” to simply “Business Day(s)” throughout solicitation, and removed definition of “Working Day(s).”
-Section 1.4: added anticipated start date language to 1.4.3.
-Section 1.31: updated Prompt Payment weblink.
-Section 1.33: updated MBE Requirements language, revised MBE Attachments “D,” and references to MBE Attachments “D.”
-Section 1.34: revised Living Wage Requirements language and added “Living Wage” clause to Contract (Attachment A).
-Section 3.10 (End of Contract Transition) added.
-Attachment A (Contract): revised wording and order of some sections.
-Attachment H: removed references to MDH and US DHHS and added instruction to check for any additional requirements/restrictions relative to the applicable Federal funding source.
-Corrected spelling and typographical errors and made minor revisions to language throughout document.
04/17/2015
-Section 1.2: revised definitions for Contract Monitor and VSBE.
-Section 1.3: added sample Contract Type language.
-Section 1.26: added Contract Affidavit clarification.
-Section 1.30: updated mandatory EFT minimum amount.
-Section 1.31: updated Prompt Payment weblink.
-Section 1.41: added language for counting up to 100% of VSBE Prime Contractor work towards VSBE Goal; corrected reference to Center for Verification and Evaluation (CVE).
-Section 1.44: corrected “SBR” Acronym.
-Section 3.3: revised Criminal Background Check instructions and IT Security Requirements.
-Section 3.4: revised Insurance Requirements language.
-Section 3.5.2: revised PEP requirements.
-Section 3.9: revised SOC 2 Type 2 Audit Report language.
-Section 3.10: added optional Liquidated Damages language.
-Section 3.11: revised Contract Transition language (moved to 3.11 from 3.10).
-Attachment A (Contract): revised wording and citation references (clauses 4.1, 11, 14, 23, and 30.1).
-Attachment B (Bid/Proposal Affidavit): updated language to conform with recent procurement-related legislation.
-Attachment C (Contract Affidavit): updated Political Contribution Disclosure Affirmation clause.
-Attachment J (Non-Disclosure Agreement): revised language regarding Confidential Information.
-Attachments M (VSBE Forms): revised language to allow for counting up to 100% of VSBE Prime Contractor work towards VSBE Goal.
-Corrected typographical errors and made minor revisions and clarifications to language throughout document.
10/27/2015
-Revised wording throughout “specifications” document (replaced “solicitation” with “specifications”), including replacing “Bidder/Offeror” with “Contractor.” Left majority of attentions as-is and added clarification language before Attachment A.
-Revised section numbering in Section 1 (deviation from IFB, MS-IFB, and RFP templates, as section numbering no longer follows the same order as those templates).
-Section 1.2: changed ordering format of definitions from letters to numbers.
-Section 3.4: Revised Insurance Requirements sample language.
-Attachment A (Contract): added Contract clause 25: Right to Audit; added Contract clause 33: Variations in Estimated Quantities; revised ordering and numbering of “optional” sections, and updated references to Contract clauses in the specifications.
-Attachments M-3 and M-4: removed asterisks (**)
(DEPARTMENT)
SOLE SOURCE or EMERGENCY CONTRACT SPECIFICATIONS
Contract(number)
(TITLE)
(DATE)
Table of Contents
SECTION 1 - GENERAL INFORMATION
1.1Summary Statement
1.2Abbreviations and Definitions
1.3Contract Type
1.4Contract Duration
1.5Procurement Officer
1.6Contract Monitor
1.7eMarylandMarketplace
1.8Procurement Method
1.9Public Information Act Notice
1.10Protest/Disputes
1.11Substitution of Personnel
1.12Mandatory Contractual Terms
1.13Bid/Proposal Affidavit
1.14Contract Affidavit
1.15Compliance with Laws/Arrearages
1.16Verification of Registration and Tax Payment
1.17False Statements
1.18Payments by Electronic Funds Transfer
1.19Prompt Payment Policy
1.20Electronic Procurements Authorized
1.21Minority Business Enterprise Goals
1.22Living Wage Requirements
1.23Federal Funding Acknowledgement
1.24Conflict of Interest Affidavit and Disclosure
1.25Non-Disclosure Agreement
1.26HIPAA - Business Associate Agreement
1.27Nonvisual Access
1.28Mercury and Products That Contain Mercury
1.29Veteran-Owned Small Business Enterprise Goal
1.30Location of the Performance of Services Disclosure
1.31Department of Human Resources (DHR) Hiring Agreement
SECTION 2 – MINIMUM QUALIFICATIONS
2.1Bidder Minimum Qualifications
SECTION 3 – SCOPE OF WORK
3.1Background and Purpose
3.2Scope of Work - Requirements
3.3Security Requirements
3.4Insurance Requirements
3.5Problem Escalation Procedure
3.6Invoicing
3.7MBE Reports
3.8VSBE Reports
3.9SOC 2 Type 2 Audit Report
3.10Liquidated Damages
3.11End of Contract Transition
ATTACHMENTS
ATTACHMENT A – CONTRACT
ATTACHMENT B – BID/PROPOSAL AFFIDAVIT
ATTACHMENT C – CONTRACT AFFIDAVIT
ATTACHMENT C – CONTRACT AFFIDAVIT FOR EMERGENCY PROCUREMENTS
ATTACHMENTS D – MINORITY BUSINESS ENTERPRISE FORMS
ATTACHMENT G – LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS
ATTACHMENT H - FEDERAL FUNDS ATTACHMENT
ATTACHMENT I – CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE
ATTACHMENT J – NON-DISCLOSURE AGREEMENT
ATTACHMENT K – HIPAA BUSINESS ASSOCIATE AGREEMENT
ATTACHMENT L – MERCURY AFFIDAVIT
ATTACHMENTS M – VETERAN-OWNED SMALL BUSINESS ENTERPRISE
ATTACHMENT N – LOCATION OF THE PERFORMANCE OF SERVICES DISCLOSURE
1
Sole Source/Emergency Template Version: 10/27/2015
SECTION 1 - GENERAL INFORMATION
1.1Summary Statement
The (Department) (acronym for the Department or the Department) is issuing this Contract to provide(enter a brief description of the servicesto be performed – i.e., a brief summary of Section 3.1 of the Scope of Work).
1.2Abbreviations and Definitions
For purposes of this Contract, the following abbreviations or terms have the meanings indicated below: (Add to this Abbreviations and Definitions section any acronym or term unique to these Specifications and not in common use or for which there is not a single, consistent interpretation.)
- Business Day(s) –The official working days of the week to include Monday through Friday. Official working days exclude State Holidays (see definition of “Normal State Business Hours” below).
- COMAR – Code of Maryland Regulations available on-line at
- Contract – This Contract award. The Contract will be in the form of Attachment A.
- Contract Commencement - The date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required. See Section 1.4.
- Contract Monitor (CM) – The State representative for this Contract who is primarily responsible for Contract administration functions, including issuing written direction, invoice approval, monitoring this Contract to ensure compliance with the terms and conditions of the Contract, monitoring MBE and VSBE compliance, and achieving completion of the Contract on budget, on time, and within scope. The Contract Monitor may authorize in writing one or more State representatives to act on behalf of the Contract Monitor in the performance of the Contract Monitor’s responsibilities.
- Contract Package – The Specifications, Contract, and all accompanying Attachments.
- Contractor – The vendor that is awarded a Contract by the State.
- Departmentor (Department acronym)– (Department).
- eMM – eMaryland Marketplace (see Specifications Section 1.7).
- Go-Live Date – The date, as specified in the Notice to Proceed, when the Contractor must begin providing all services required by these Specifications. See Section 1.4.
- Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.
- Minority Business Enterprise (MBE) – Any legal entity certified as defined at COMAR 21.01.02.01B(54) which is certified by the Maryland Department of Transportation under COMAR 21.11.03.
- Normal State Business Hours - Normal State business hours are 8:00 a.m. – 5:00 p.m. Monday through Friday except State Holidays, which can be found at: – keyword: State Holidays.
- Notice to Proceed (NTP) – A written notice from the Procurement Officer that, subject to the conditions of the Contract, work under the Contract is to begin as of a specified date. The start date listed in the NTP is the Go-Live Date, and is the official start date of the Contract for the actual delivery of services as described in these Specifications. After Contract Commencement, additional NTPs may be issued by either the Procurement Officer or the Department Contract Monitor regarding the start date for any service included within these Specifications with a delayed or non-specified implementation date.
- Procurement Officer – Prior to the award of any Contract, the sole point of contact in the State for purposes of these Specifications. After Contract award, the Procurement Officer has responsibilities as detailed in the Contract (Attachment A), and is the only State representative who can authorize changes to the Contract. The Department may change the Procurement Officer at any time by written notice to the Contractor.
- Proposal – The Contractor’s Technical and Financial Proposal for (enter Specifications/Contract Title) Services dated (enter Date of Contractor’s Proposal).
- Specifications(or “solicitation”) – Sole Source OR Emergency Contract Specifications, Contract Number: (enter Contract Number) issued by the Department for (enter Specifications/Contract Title) Services dates (enter Date Specifications issued).
- State – The State of Maryland.
- Veteran-owned Small Business Enterprise (VSBE) – a business that is verified by the Center for Verification and Evaluation (CVE) of the United States Department of Veterans Affairs as a veteran-owned small business. See Code of Maryland Regulations (COMAR) 21.11.13.
1.3Contract Type
This Contractshall be a (enter type of contract or combination of more than one type, e.g., firm fixed price, fixed price with cost adjustment, labor hour, indefinite quantity with fixed unit price, etc.)as defined in COMAR 21.06.03.(enter COMAR citation number for the contract type; for combinations of contract types, state which contract section(s) fall under each contract type.) For example: “The Contract resulting from the Specifications shall be an indefinite quantity contract with firm fixed unit prices as defined in COMAR 21.06.03.06.A(2) (indefinite quantity) and 21.06.03.02.A(1)&(2) (fixed price and firm fixed price)”.
1.4Contract Duration
1.4.1The Contract that results from these Specifications shall commence as of the date the Contract is signed by the Department following any required approvals of the Contract, including approval by the Board of Public Works, if such approval is required (“Contract Commencement”).
1.4.2The period of time from the date of Contract Commencement through the Go-Live Date (see Section 1.2 definition and Section 1.4.3) will be the Contract “Start-up Period.” During the Start-up Period the Contractor shall perform start-up activities such as are necessary to enable the Contractor to begin the successful performance of Contract activities as of the Go-Live Date. No compensation will be paid to the Contractor for any activities it performs during the Start-up Period. (amend this section if there will be payment for start-up activities.)
1.4.3As of the Go-Live Datecontained in a Notice to Proceed (see Section 1.2 definition),anticipated to be on or about (enter anticipated start date of services), the Contractor shall perform all activities required by the Contract, including the requirements of these Specifications, for the agreed-upon compensation.
1.4.4The duration of the Contract will be for the period of time from Contract Commencement to the Go-Live Date (the Start-Up Period as described in Section 1.4.2) plus (“x” number of “years”/”months”/etc. of services to be provided under the Contract) from the Go-Live Date for the provision of all services required by the Contract and the requirements of these Specifications. (If the Contract contains the possibility for Option years, detail here. Ex. “This Contract may be extended for ‘X’ periods of one year each at the sole discretion of the Department and at the prices quoted for Option Years.”).
1.4.5The Contractor’s obligations to pay invoices to subcontractors that provided services during the Contract term, as well as the audit, confidentiality, document retention, and indemnification obligations of the Contract (see Attachment A) shall survive expiration or termination of the Contract and continue in effect until all such obligations are satisfied.
1.5Procurement Officer
The sole point of contact in the State for purposes of these Specifications prior to the award of any Contract is the Procurement Officer at the address listed below:
(name of Procurement Officer)
Procurement Officer
(Department)
(street address and room number)
(city, state and zip code)
Phone Number: (phone number)
Fax Number: (fax number)
E-mail: (email address)
The Department may change the Procurement Officer at any time by written notice.
1.6Contract Monitor
The Contract Monitor is:
(name of Contract Monitor)
Contract Monitor
(Department)
(street address and room number)